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IN MATTER OF MARRIAGE OF CROSS AND CROSS

79-3-134; CA A34376.

715 P.2d 1129 (1986)

78 Or.App. 315

In the matter of the MARRIAGE OF Robert L. CROSS, Appellant, and Gayle M. Cross, Respondent.

Court of Appeals of Oregon.

Decided April 2, 1986.

Attorney(s) appearing for the Case

Ronald I. Gevurtz, Portland, argued the cause for appellant. With him on brief were Gevurtz & Menashe, Robert K. Udziela and Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

Nancy Tauman, Oregon City, argued the cause for respondent. With her on brief was Hibbard, Caldwell, Bowerman, Schultz & Hergert, Oregon City.

Before GILLETTE, P.J. Pro Tem., JOSEPH, C.J., and VAN HOOMISSEN, J.

PER CURIAM.

On de novo review, we determine that the best interests of the children dictate that they be placed in permanent custody of the father. The trial court's decree is modified accordingly. The matter is remanded for determination of visitation and support, if any.

Decree modified; custody of children awarded to father, remanded for further proceedings. Costs to appellant.

VAN HOOMISSEN, J., dissents.

VAN HOOMISSEN, Judge, dissenting...

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